DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Amanda Lowe Health Services Pty Ltd T/A Back In Motion Health Group Mentone
(AG2016/4401)

BACK IN MOTION HEALTH GROUP MENTONE ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 3 AUGUST 2016

Application for approval of the Back In Motion Health Group Mentone Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Back In Motion Health Group Mentone Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Amanda Lowe Health Services Pty Ltd T/A Back In Motion Health Group Mentone. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 August 2016. The nominal expiry date of the Agreement is 2 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Amanda Lowe Health Services Pty Ltd, trading as Back In Motion Health Group Mentone, sought approval of the Back In Motion Health Group Mentone Enterprise Agreement 2016. The applicant aimed to have the agreement recognised as a certified agreement, which would enable it to be enforced against employees without individual contracts. The application was made under the Fair Work Act 2009, and the respondents included several unions and individual employees who raised objections to various aspects of the agreement.

The central legal issues before the Commission involved whether the agreement met the necessary criteria for certification under the Fair Work Act. These criteria included whether the agreement was genuinely negotiated, free from coercion, and covered a proper enterprise. The Commission also considered whether the agreement provided for appropriate mechanisms for resolving disputes and was consistent with the overarching principles of the Act. Specific concerns raised by the respondents related to the classification of certain employees, provisions on shift penalties, and the process for resolving disputes.

In its decision, the Commission examined the evidence and submissions provided by both the applicant and the respondents. The Commission found that the agreement was genuinely negotiated and covered the appropriate enterprise. While acknowledging some concerns raised by the respondents, the Commission determined that the agreement was not coercive and provided for adequate mechanisms to resolve disputes. The Commission also found that the classification of employees and the provisions on shift penalties were acceptable, given the context of the enterprise. Consequently, the Commission approved the agreement, determining that it met the necessary criteria for certification.

The Fair Work Commission approved the Back In Motion Health Group Mentone Enterprise Agreement 2016 as a certified agreement, effective from the date of the decision. This outcome allows the agreement to be enforced against employees without individual contracts, subject to the terms and conditions set out in the agreement.

Amanda Lowe Health Services Pty Ltd T/A Back In Motion Health Group Mentone

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established